[Adopted 8-18-1937; amended in its entirety 12-3-1979 by L.L. No. 8-1979 (Ch.
50, Art. II, of the 1965 Code)]
[Amended 7-20-1981 by L.L. No. 4-1981; 1-22-2013 by L.L. No. 1-2013]
No person, firm or corporation, including public service companies
and municipalities other than the Village of Sleepy Hollow, shall
make any excavation in any street or highway in the Village of Sleepy
Hollow for any purpose without first obtaining a permit therefor from
the office of the Village Clerk or the person performing the duties
of said office.
[Amended 7-20-1981 by L.L. No. 4-1981; 5-1-1990; 1-22-2013 by L.L. No. 1-2013]
A.
Applications for permits shall be filed in writing to the Village
Clerk upon application blanks which shall be provided or in such other
manner as shall from time to time be prescribed. Applications shall
state the nature, location, extent and purpose of the proposed excavation.
B.
Applications by public service companies must be accompanied by a
general undertaking in such form as may be approved by the Village
Clerk. Said general undertaking is tendered to assure that after completing
the excavation, said applicant shall leave the street, highway, sidewalk,
pavement, curb or gutter in the same condition as it was prior to
the excavation.
C.
Applications by persons, firms or corporations other than public service companies for excavations in the street or highway must be accompanied by the permit fee set forth in the fee schedule included at the end of Chapter 200, Fees, along with a minimum cash deposit with the Village Clerk of $1,500 or such sum as may be computed and required by the Superintendent of Public Works, based upon prevailing rates for labor and materials that would be required, in his sole discretion, to restore such excavation to a safe and secure roadway, to assure that after completing the excavation, said applicant shall leave the street, highway, pavement and curb or gutter in the same condition as it was prior to the excavation. In the event that the applicant fails to repair or replace such pavement, curb or gutter within the time provided in the permit and to the complete satisfaction of the Superintendent of Public Works, the deposit shall be forfeited to the extent necessary to repair such surface as left undone by the applicant or repaired in a manner unsatisfactory to the Superintendent of Public Works.
[Amended 5-1-1990; 8-16-1994 by L.L. No. 11-1994]
Each applicant must pay a fee to be established and determined by the Board of Trustees from time to time and set forth in the fee schedule included at the end of Chapter 200, Fees, to the Village Clerk for each excavation, except those for utility poles.
[Amended 7-20-1981 by L.L. No. 4-1981; 1-22-2013 by L.L. No. 1-2013]
A.
Prior to
commencement of any work under this article and until completion and
final acceptance of the work, the applicant shall, at its sole expense,
maintain the following insurance on its own behalf, and furnish to
the Village of Sleepy Hollow certificates of insurance evidencing
same and reflecting the effective date of such coverage as follows.
The term "applicant" as used herein shall mean and include subcontractors
of every tier.
(1)
Worker's
compensation and employers’ liability policy, covering operations
in New York State. Where applicable, United States Longshore and Harbor
Workers Compensation Act Endorsement and Maritime Coverage Endorsement
shall be attached to the policy; waiver of subrogation to be included.
(2)
New
York State disability, covering all employees.
(3)
A commercial
general liability policy, with limits of no less than $1,000,000 each
occurrence/$2,000,000 aggregate limits for bodily injury and property
damage.
(b)
The Village of Sleepy Hollow and its assigns, officers, employees,
representatives and agents should be named as additional insureds
on the policy using ISO Additional Insured Endorsement CG 20 10 11/85
or an endorsement providing equivalent or broader coverage and shall
apply on a primary and noncontributory basis, including any self-insured
retentions. The certificate of insurance should show this applies
to the general liability coverage on the certificate, and an additional
insured endorsement shall be attached.
(c)
To the extent permitted by New York law, the applicant waives all
rights of subrogation or similar rights against the Village of Sleepy
Hollow, its assigns, officers, employees, representatives and agents.
(d)
General aggregate coverage shall apply separately to each project.
(e)
Cross liability coverage.
(4)
Comprehensive
automobile policy, with limits no less than $1,000,000 bodily injury
and property damage liability, including coverage for owned, nonowned,
and hired private passenger and commercial vehicles.
(a)
The Village of Sleepy Hollow and its assigns, officers, employees,
representatives and agents should be named as additional insureds
on the policy. The certificate of insurance should show that this
applies to the automobile liability coverage on the certificate, and
an additional insured endorsement shall be attached.
(b)
To the extent permitted by New York law, the applicant waives all
rights of subrogation or similar rights against the Village of Sleepy
Hollow, its assigns, officers, employees, representatives and agents.
(c)
If applicable, the policy should be specifically endorsed to cover
snow plow operations.
(5)
Umbrella
liability, with limits of no less than $1,000,000 each occurrence/$1,000,000
aggregate, including coverage for general liability, automobile, workers’
compensation and professional liability (if applicable).
(6)
Professional
liability (if applicable), with limits no less than $1,000,000 per
claim.
(7)
Owners’
and contractors’ protective liability policy, with limits no
less than $1,000,000 per occurrence/$2,000,000 aggregate shall be
taken out, with the Village of Sleepy Hollow as the named insured,
and shall be maintained during the life of the contract, which will
protect the Village of Sleepy Hollow from claims for damages for personal
injury, liability, accidental or wrongful death, as well as property
damage which may arise from operations under the contract, whether
such operations are by the applicant or by any subcontractor or by
anyone directly or indirectly employed by either party.
(8)
Bid,
performance and labor and material bonds, if required in the specifications.
These bonds shall be provided by a New York State admitted surety
company in good standing.
(9)
Property
insurance. The applicant shall cover materials being installed on
site, in transit, and/or at any other location.
(10)
Asbestos/Lead
abatement and environmental clean-up, if applicable. Coverage for
the removal of asbestos and/or lead and related pollution events,
including coverage for third-party liability claims for bodily injury,
property damage and clean-up costs: $1,000,000 per occurrence/$2,000,000
aggregate, including products and completed operations. If a retroactive
date is used, it must pre-date the inception of the contract.
B.
Certificates
shall provide that 30 days’ written notice prior to cancellation
or expiration be given to the Village of Sleepy Hollow. Policies that
lapse and/or expire during the term of the work shall be recertified
and received by the Village of Sleepy Hollow no less than 30 days
prior to expiration or cancellation.
C.
The applicant
shall furnish to Village of Sleepy Hollow certificates of insurance
as evidence of coverage prior to commencement of work and naming Village
of Sleepy Hollow as an additional insured by endorsement. The applicant
acknowledges that failure to obtain such insurance on behalf of the
Village of Sleepy Hollow constitutes a material breach of contract
and subjects it to liability for damages, indemnification and all
other legal remedies available to the Village of Sleepy Hollow. The
failure of the Village of Sleepy Hollow to object to the contents
of the certificate or absence of same shall not be deemed a waiver
of any and all rights held by the Village of Sleepy Hollow.
D.
The cost
of furnishing the above insurance shall be borne by the applicant;
there will be no direct payment for this work. Costs will be deemed
to have been included in the price bid for all scheduled items.
E.
All carriers
listed in the certificates of insurance shall be A.M. Best rated A
VII or better and be licensed in the State of New York.
[Amended 7-20-1981 by L.L. No. 4-1981]
The Superintendent of Public Works may require any person making
a highway excavation pursuant to a permit granted hereunder to give
notice of such excavation to public service companies or municipal
districts having lines, mains or other property in the streets; and
when such notice shall have been required, no work shall be commenced
or done under such permit until such required notice has been fully
complied with to the satisfaction of the Superintendent of Public
Works.
[Amended 7-20-1981 by L.L. No. 4-1981]
Any person making an excavation covered by this article shall
erect suitable barriers or guards for the protection of persons using
the streets or sidewalks and, in addition thereto, shall set up and
maintain during the hours of darkness sufficient lights or flares
to properly illuminate the area. He shall also take all necessary
precautions for the protection of the property of the Village, of
public service companies or municipal districts and of others who
may be endangered by such excavation or the work incident thereto
and shall comply with all directions given by the Superintendent of
Public Works with respect to such barriers, lights, flares and protective
measures.
A.
Work under the permit shall be completed within 30 days from the
date of the issuance of the permit and continued in an expeditious
manner unless extension of this period is approved by the Superintendent
of Public Works.
[Amended 7-20-1981 by L.L. No. 4-1981]
B.
Construction.
(1)
When work is being performed on any Village street, no pavement cuts
or trenches are to be left unfilled overnight except in emergencies,
and in such cases, adequate precautions must be exercised to protect
traffic. When working on any Village street or road, contractors must
complete final backfilling of any trench within 18 days from the time
of its opening.
(2)
All pipes or mains crossing highway pavement shall, whenever possible,
be driven beneath the roadway without disturbance from the edge of
the pavement. Such crossover pipes shall, whenever possible, be enclosed
in sleeves or larger pipes so that repairs or replacements may be
made in the future without future disturbance of the roadway pavement.
(3)
In the event that a trench is opened, the trench will be compacted
to within four inches of the road surface after completion of the
necessary work and construction. The existing asphalt surface shall
then be cut back at least 12 inches on either side of the undisturbed
subgrade.
(4)
At the discretion of the Superintendent of Public Works, the contact
surfaces, the packed surfaces and/or adjacent pavement edges shall
be painted and sealed with approved bituminous and/or bluestone material
before or after placing the course of asphalt, which shall be four
inches of New York State Specification 1-A hot plant mix. This course
shall be rolled with an eight- to ten-ton roller, and surface variations
in excess of 1/4 inch shall be eliminated or the pavement relaid.
[Amended 7-20-1981 by L.L. No. 4-1981]
(5)
If the trenchwork is in the earthen shoulder of the roadway, the
proper compaction as outlined above shall apply, with the addition
of a covering of sod or grass seeding as specified by the Superintendent
of Public Works.
[Amended 7-20-1981 by L.L. No. 4-1981]
C.
Traffic control. Traffic is to be maintained at all times during
the progress of work. Adequate signs, barricades and lights necessary
to protect the public shall be provided. Flagmen to direct traffic
shall be employed continuously during periods when only one-way traffic
can be maintained or when equipment is operated back and forth across
the pavement areas. No construction equipment or materials shall be
left on the pavement after working hours, nor shall any construction
equipment or materials be placed in any way, manner or location that
will obstruct the highway or railroad warning signs. Barricades, whether
in sidewalk or roadway areas, shall have prominently displayed for
police convenience the address and telephone number of someone available
24 hours a day who shall reestablish the same in an emergency. Access
to adjacent property shall be maintained.
D.
Notification. The applicant will be responsible for notifying the
Superintendent of Public Works 24 hours prior to street opening and
street closing.
[Amended 7-20-1981 by L.L. No. 4-1981]
A.
Any person committing an offense against any provision of this article
shall, upon conviction, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding $250
or imprisonment not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense shall constitute, for each day the
offense is continued, a separate and distinct violation.
B.
In addition to the above-provided penalty, the Board of Trustees
may also maintain an action or proceeding in the name of the Village
in a court of competent jurisdiction to compel compliance with or
to restrain by injunction the violation of this article.
